Religion & Law

"Hisba" Lawsuits Growing In Egypt

Posted on November 16, 2008
A story in last Thursday's Middle East Times discusses the growing use of "hisba" lawsuits in Egypt and elsewhere in the Muslim world against bloggers, journalists and intellectuals. As explained in another Middle East Times article last August, hisba lawsuits are an invention of Islamic jurisprudence that permit private individuals to defend matters of faith to hold fellow citizens and the state accountable for upholding religious principles...

Speeches and Declaration From UN Sessions On Interreligious Understanding

Posted on November 15, 2008
The United Nations has released a summary of all the remarks made by world leaders at the Nov. 12-13 "Culture of Peace" meeting of the General Assembly called to discuss interreligious dialogue. Secretary General Ban Ki-moon's opening statement at a press conference following the sessions thanked Saudi Arabia's King Abdullah for initiating the conference...

Indiana School's Released Time Program Challenged In Court

Posted on November 15, 2008
The Ft. Wayne (IN) Journal Gazette reported yesterday on a federal lawsuit filed by the Indiana ACLU challenging a Huntington Indiana elementary school's "released time" program. The suit brought on behalf of parents of an 8-year old argues that the school district has violated the Establishment Clause by supporting the voluntary religious instruction program that is offered during school hours in church-owned mobile trailers parked in Horace Mann Elementary School's parking lot...

Diocese Repudiates Priest Who Told Obama Voters To Seek Penance

Posted on November 15, 2008
ABC News today reports on an unusual public repudiation by the Catholic Diocese of Charleston, South Carolina of statements made by a Greenville, SC priest, Father Jay Scott Newman . Last week Newman wrote in his church newsletter that any Catholic who voted for Barack Obama needed to seek penance before again taking communion...

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Focus Continues on Mormon Leadership of Proposition 8 Campaign

Posted on November 15, 2008
The AP reports that Fred Karger, founder of Californians Against Hate, filed a complaint Thursday with the California Fair Political Practices Commission. It alleges that the Church of Jesus Christ of Latter-day Saints failed to report the full value of its in-kind contributions to the campaign in support of California's Proposition 8 banning same-sex marriage...

Marines Sued By Contractor Whose Car Decals Were Banned On Base

Posted on November 15, 2008
Last Monday, Jesse Nieto, a Marine veteran who works as a civilian at Camp Lejuene Marine base in North Carolina, filed suit against military officials challenging their order that he remove various anti-Islamic decals from his car that he drives to work...

NC Senator-Elect Drops Defamation Suit Over "Godless Americans" Ads

Posted on November 15, 2008
Kay Hagan, winner in the recent election of the U.S. Senate race in North Carolina, has dropped her defamation lawsuit filed just before the election against incumbent Sen. Elizabeth Dole. CNN reported yesterday on Hagan's decision to focus on economic issues facing the country instead of pursuing the lawsuit that challenged election ads Dole ran against Hagan questioning her religious beliefs...

Colorado Governor Sued Over Day of Prayer Proclamations

Posted on November 15, 2008
In Colorado, the Freedom from Religion Foundation and several of its members filed a lawsuit in state court last Wednesday challenging Gov. Jim Ritter Jr.'s practice of issuing National Day of Prayer proclamations. The complaint (full text) alleges that the proclamations and related celebrations amount to governmental endorsement of religion in violation Art...

Court Says It Can Decide On Validity of Board Expansion of Jewish School

Posted on November 15, 2008
In Schwimmer v Welz, (NY App. Civ., Nov. 12, 2008), a New York appellate court held that a civil court could decide whether an amendment to the certificate of incorporation expanding the number of board members of United Talmudic Academy of Boro Park, and the election of new board members under those amendments, were valid...

Bush Speaks At U.N. Session On Interfaith Cooperation

Posted on November 14, 2008
Yesterday, President George W. Bush spoke (full text of remarks) at the United Nations High-Level Debate on Interfaith Dialogue. Here are some excerpts:One of my core beliefs is that there is an Almighty God -- and that every man, woman, and child on the face of this Earth bears His image...

Unusual Delay of Oral Arguments In Summum Case Requested, But Apparently Ignored

Posted on November 14, 2008
Last Monday, a letter was delivered to Chief Justice John Roberts making an unusual request in connection with the then-upcoming oral arguments in Pleasant Grove City v. Summum. At issue in the case was a request by Summum to post a 7 Aphorisms monument in a city park where a 10 Commandments monument already stands...

Statements Offer Advice To Obama On Issues of Concern On Religious Matters

Posted on November 14, 2008
The incoming Obama administration is receiving advice from numerous quarters on positions it should take on issues of interest to various religious groups. Chicago Cardinal Francis George, president of the United States Conference of Catholic Bishops, issued a statement (full text) welcoming the opportunity to work with Obama...

Ithaca Sued By Evangelist Over Enforcement of Noise Ordinance

Posted on November 14, 2008
Alliance Defense Fund announced yesterday that it had filed a federal lawsuit against the city of Ithaca, New York on behalf of traveling Christian evangelist James Deferio. The complaint (full text) alleges that Deferio's free speech and due process rights were violated when police attempted to enforce against his loud preaching a city ordinance banning noise that can be heard more than 25 feet away...

Brazil's President Signs Agreement With Vatican

Posted on November 14, 2008
In the Vatican yesterday, Brazil's President Luiz Inacio Lula da Silva signed an agreement with the Vatican on the juridical status of the Catholic Church in Brazil. CNS reports that the Vatican will not publish the full text of the agreement until it is ratified by Brazil's Parliament...

Study Released On State Anti-Discrimination Laws and Same-Sex Marriage

Posted on November 14, 2008
Earlier this week, the Becket Fund announced the release of a study titled Same-Sex Marriage and State Anti-Discrimination Laws. The Executive Summary says in part: The survey revealed that over 350 separate state anti-discrimination provisions would likely be triggered by recognition of same-sex marriage...

Court Refuses To Dismiss Most Claims Against Archdiocese In Abuse Case

Posted on November 13, 2008
In Noll v. Hartford Roman Catholic Diocesan Corp., 2008 Conn. Super. LEXIS 2661 (CT Super, Oct. 20, 2008), a Connecticut trial court refused to dismiss claims that the Hartford Catholic archdiocese was negligent in failing adequately to supervise, evaluate, and train a priest who abused plaintiff and failed to investigate reports of the priest's wrongful behavior...

Group Wants New Military Rules Protecting Nonbelievers

Posted on November 13, 2008
Stars and Stripes reported yesterday that the Secular Coalition for America is asking the incoming Obama administration to issue new rules against proselytizing in the military. It also wants more training for chaplains on how to deal with non-religious troops...

Suit Challenges Washington State Limits On Special Ed In Religious Schools

Posted on November 13, 2008
In Washington state, three families represented by the Institute for Justice have filed suit against the state's Office of Superintendent of Public Instruction challenging regulations that require religious school students to travel off premises to obtain special education services...

Humanists Run "Why Believe In God?" Ad In Time For Christmas

Posted on November 13, 2008
The American Humanist Association is apparently fueling a new round in the debate over public displays at Christmas time. CBN News reported yesterday that the AHA will spend $40,000 to place ads on the outside and inside of buses in Washington, D.C. Space is being purchased through December...

Federal Court Will Not Stop Utah Hearing On Sale of FLDS Land

Posted on November 13, 2008
A Utah federal district court judge yesterday said he would not bar a Friday hearing in a Utah state court on whether to approve sale of Berry Knoll Farm by the FLDS United Effort Plan Trust. (See prior posting.) However Judge Dee Benson asked FLDS attorneys to report on Friday's hearing...

Council of Europe Gives Guidance on Religious Symbols and Hate Speech

Posted on November 13, 2008
The Council of Europe announced yesterday that it is publishing Manuals to offer guidance on two controversial issues. The Manual on the Wearing of Religious Symbols in Public Areas, authored by Prof. Malcolm Evans, points out that European Court of Human rights case law gives states broad regulatory discretion, but individuals should enjoy the fullest possible freedom of belief...

California Catholic Bishops Defend Passage of Proposition 8

Posted on November 13, 2008
The Executive Committee of the California Catholic Conference yesterday issued statement defending its support of California's Proposition 8 banning same-sex marriage. The ballot measure passed last Tuesday, and its passage has generated continued controversy...

Denmark Proposing Ban On Judges Wearing Headscarves In Court

Posted on November 13, 2008
Denmark's Justice Minister Brian Mikkelsen says he is about to introduce legislation that would prohibit Muslim women judges from wearing headscarves in court. Politiken.dk yesterday reported on the proposed legislation that would reverse a ruling handed down last year by Denmark's independent Judicial Board...

Islamist Insurgents Take Somalian Seaport

Posted on November 13, 2008
Islamist insurgents have expanded the area they control in Somalia. Today's New York Times reports that Islamist guerrillas took over Merka, and important seaport 60 miles south of Mogadishu. The insurgents met no resistance. The Islamists are part of a group called the Shabab (background) that has been designated as a terrorist group by the U...

Indian Panel Investigating Dow Chemical Construction At Holy Hindu Site

Posted on November 12, 2008
Members of the Warkari Hindu sect believe that land near the town of Chakan in the Maharashtra state in India is sacred because it is the land of a 17th century sage, Sant Tukaram. Today's Business Standard reports that last month, members of the sect burned down a Dow Chemical research and development facility being constructed there because they feared it would pollute the sacred area...

U.N. Session on Religious Tolerance Opens Today

Posted on November 12, 2008
A two-day session of the United Nations General Assembly to discuss religious tolerance and inter-religious cooperation begins today, with over a dozen world leaders in attendance. Most of them are in the United States also to attend a G-20 Financial Summit in Washington beginning Friday...

Israeli Police Break Up Fight Between Monks In Church of Holy Sepulcher

Posted on November 12, 2008
The Jerusalem Post reported that Israeli police entered the Church of the Holy Sepulcher last Sunday and arrested two monks after a fight broke out between them at the site of Jesus' crucifixion, burial and resurrection. The dispute between Armenian and Greek Orthodox monks involved a Greek Orthodox attempt to place a monk inside what is believed to be the tomb of Jesus...

Court Says County Violated RLUIPA, Equal Protection In Denying Church Applications

Posted on November 12, 2008
In Reaching Hearts International, Inc. v. Prince George's County, (D MD, Nov. 4, 2008), a Maryland federal district court upheld a jury verdict in favor of a Seventh Day Adventist Church that, because of various regulations and administrative actions, was prevented from constructing a church and school on land it owned...

Liberty Counsel Renews "Friend or Foe Christmas Campaign"

Posted on November 12, 2008
Liberty Counsel, a legal advocacy group, announced yesterday that it is launching its sixth annual "Friend or Foe Christmas Campaign." The campaign includes distribution of legal memoranda defending public references to Christmas and its celebration in the workplace...

Israel's New Divorce Law Aids Women By Accelerating Property Split

Posted on November 12, 2008
Israel's Knesset last week passed new divorce legislation that permits courts to award a financial settlement before the divorce is finalized by the giving of a religious divorce document ("get"). The Jerusalem Post reports that the new law will prevent husbands from using their power to refuse to give a get as leverage to achieve a better financial settlement or child custody rights...

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